Constitutional Law

Front 1

Types of Cases a Federal Court May Hear (7)

Back 1

1) Arising under the Constitution, federal laws, or treaties;
2) Between citizens of different states;
3) In which the US is a party;
4) Of Admiralty and Maritime jurisdiction;
5) Between two or more states;
6) Between a state and the citizen of another state;
7) Affecting ambassadors, public ministers, and counsels.

Front 2

Justiciability or Cases & Controversies - Five Limitations

Back 2

1) Standing;
2) Mootness;
3) Ripeness;
4) Advisory Opinions;
5) Political Question.

Front 3

Justiciability - Standing

Back 3

Plaintiff must show:
1) Injury, or threat of injury;
2) Defendant is cause of injury;
3) If plaintiff prevails, there will be no further injury.

Front 4

Justiciability - Third Party Standing Exceptions (3)

Back 4

1) Plaintiff has also suffered harm, and there is a close relationship between the plaintiff and the 3rd party whose constitutional rights have allegedly been violated;

2) If the plaintiff has also suffered harm, and it is unlikely that the third party whose constitutional rights have allegedly been harmed will assert his own rights;

3) An organization may sue on behalf of its members if the members have standing, the interests are germane to the organization's purpose, and the claim does not require participation by individual members.

Front 5

Congress - Investigatory Power (limit?)

Back 5

The power of Congress to investigate is implied. Investigation must be expressly or impliedly authorized by the appropriate congressional house.

Front 6

Standards of Review (3)

Back 6

1) Strict Scrutiny;
2) Intermediate Scrutiny;
3) Rational Basis.

Front 7

Strict Scrutiny

Back 7

Regulations affecting fundamental rights (interstate travel, privacy, voting, and 1st Amd. Rights) or involving suspect classifications (race, national origin, and alienage) will be upheld if it is NECESSARY to achieve a COMPELLING government purpose. Will often be invalidated if there is a less burdensome alternative to achieve the government's goal.

Front 8

Intermediate Scrutiny

Back 8

Regulations involving quasi-suspect classifications (gender and legitimacy) are upheld if the law is substantially related to an important government purpose. Burden of Proof probably on the government.

Front 9

Rational Basis

Back 9

Regulations that do NOT affect fundamental rights or involve suspect or quasi-suspect classifications classifications (most laws) are reviewed under the rational basis standard and upheld if the law is rationally related to a legitimate government purpose. This is a very easy standard to meet; therefore the law is usually valid - unless it is arbitrary or irrational. The person challenging the law has the burden of proof.

Front 10

Commerce Power - (3)

Back 10

1) Regulate the channels of interstate commerce;
2) Regulate the instrumentalities of interstate commerce and persons and things in interstate commerce; or
3) Regulate activities that have a substantial effect on interstate commerce.

Front 11

Freedom of the Press - Business Regulation / Tax

Back 11

The press and broadcasting companies can be subjected to GENERAL businness regulations or taxes, but cannot be targeted for special regulations or taxes. A tax or regulation impacting on the press or a sub part of the press cannot be based on the content of a publication absent a compelling justification. Mere need for revenue is not a sufficiently compelling interest.